HEUNG KAM FAI AND OTHERS v. HUGEWIN DEVELOPMENT LTD. AND OTHERS

Parties

Procedural Posture

Civil Trial (consolidated Actions) / Trial and Judgment (court of First Instance, Judgment Handed Down 26 June 2000)

Legal Issues

1. 1 Whether the English Agreements were entered into by the Tso as a result of fraudulent misrepresentations by Danny Cheung
2. 2 Whether the managers of the Tso could rely on non est factum to avoid the English Agreements
3. 3 Whether Comcewood established that the English Agreements were properly executed and that deposits were paid

Ratio Decidendi

The plaintiffs failed to adduce cogent, consistent evidence that the managers were fraudulently induced or that they signed under a fundamental, non-negligent mistake; the execution and receipt of deposits under the English Agreements were not proven on the balance of probabilities and allegations of conspiracy rested on inference; therefore all claims and counterclaims between the parties failed and were dismissed accordingly.

Court Disposition

Tso's claim against Comcewood dismissed; 1st–10th Plaintiffs' claims against Comcewood dismissed; Comcewood's counterclaim against the Tso and 1st–10th Plaintiffs dismissed; judgment entered accordingly in favor of Comcewood on plaintiffs' claims and in favor of the Tso and purchasers on the counterclaim.

Orders

• Judgment entered for Comcewood on the Tso's claim
• Judgment entered for Comcewood on the claims of the 1st to 10th Plaintiffs